How do I deal with an employee who is performing poorly but has just told me that she is pregnant?

Asked on August 5, 2015 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can't fire someone *because* she is pregnant...but being pregnant also does not mean an employee is immune to being fired, laid off, or otherwise terminated. It only means that you can only fire her for neutral, non-pregnancy-related reasons...which as a practical matter, means you have to document and be prepared to prove, in the event of some employment discrimination claim, that you had a good, non-pregnancy reason for firing her. Make sure her poor performance is well documented, then do what you need to do for your business.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can't fire someone *because* she is pregnant...but being pregnant also does not mean an employee is immune to being fired, laid off, or otherwise terminated. It only means that you can only fire her for neutral, non-pregnancy-related reasons...which as a practical matter, means you have to document and be prepared to prove, in the event of some employment discrimination claim, that you had a good, non-pregnancy reason for firing her. Make sure her poor performance is well documented, then do what you need to do for your business.


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